31 U.S. Code § 5322 - Criminal penalties

(a)A person willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except section
5315 or
5324 of this title or a regulation prescribed under section
5315 or
5324), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508, shall be fined not more than $250,000, or imprisoned for not more than five years, or both.

(b)A person willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except section
5315 or
5324 of this title or a regulation prescribed under section
5315 or
5324), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508, while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000 in a 12-month period, shall be fined not more than $500,000, imprisoned for not more than 10 years, or both.

(c)For a violation of section
5318(a)(2) of this title or a regulation prescribed under section
5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues.

(d)A financial institution or agency that violates any provision of subsection (i) or (j) ofsection
5318, or any special measures imposed under section
5318A, or any regulation prescribed under subsection (i) or (j) ofsection
5318 or section
5318A, shall be fined in an amount equal to not less than 2 times the amount of the transaction, but not more than $1,000,000.

In subsections (a) and (b), the words “(except section
5315 of this title or a regulation prescribed under section
5315)” are added because 31:1141–1143 was not enacted as part of the Currency and Foreign Transactions Reporting Act that is restated in the subchapter.

In subsection (a), the word “prescribed” is added for consistency.

In subsection (b), the words “or a regulation prescribed under this subchapter” are added because of the restatement. The words “committed” and “the commission of” are omitted as surplus. The words “United States” are substituted for “Federal” for consistency in the revised title and with other titles of the United States Code.

In subsection (c), the words “the purposes of both civil and criminal penalties for” are omitted because of the restatement. The word “separate” before “office” is omitted as surplus.

References in Text

Section 21 of the Federal Deposit Insurance Act, referred to in subsecs. (a) and (b), is classified to section
1829b of Title
12, Banks and Banking.

Section 123 ofPublic Law 91–508, referred to in subsecs. (a) and (b), is classified to section
1953 of Title
12, Banks and Banking.

Amendments

2001—Subsec. (a). Pub. L. 107–56, § 353(b)(1), inserted “or order issued” after “willfully violating this subchapter or a regulation prescribed” and “, or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 ofPublic Law 91–508,” after “under section
5315 or
5324)”.

1984—Subsec. (a). Pub. L. 98–473, which directed the substitution of “$250,000, or imprisonment not more than five years, or both” for “$1,000, or imprisonment not more than one year, or both”, was executed by substituting the quoted wording for “$1,000, imprisoned for not more than one year, or both” to reflect the probable intent of Congress.

Effective Date of 1986 Amendment

Amendment by section 1357(g) ofPub. L. 99–570applicable with respect to violations committed after Oct. 27, 1986, see section 1364(c) ofPub. L. 99–570, set out as a note under section
5321 of this title.